R.S.SARKARIA - (1.) THE petitioner challenges the validity of the order of his detention made by the District Magistrate, Jodhpur under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act, 1971 (for short the Act) and prays for a writ in the nature of habeas corpus.
(2.) THE order of detention was passed on 18/03/1974. In pursuance thereof, the petitioner was taken into custody on 19/03/1974. The detention order (for short, the first order) which was served on the detenu at the time of his arrest on 19/03/1974 states: "... whereas, the said Shri Bankat Lal has been indulging in rampant adulteration of essential foodstuffs and supply thereof for consumption by the community at large, operating a factory and firm under the name and style of Laxmi Narain Moondra situated in Makrana Mohalla, Jodhpur for such adulteration, so much so that 170 odd bags of material which among other things, includes 7 tins of sawdust, 15 bags of colour (yellow and Gherwa), 70 bags of chilli seed, black colour leaves, which look like tea leaves, one bag of gypsum (khaddi) powder and a tin of animal dung, used and intended for use in adulteration of foodstuffs, which are poisonous and injurious to public health were recovered from your godown and one floor mill owned and/or controlled by the said Shri Bankatlal; 3. And, whereas recovery from the godown and floor mill mentioned in the preceding paragraph, also includes food stuff like Haldi, Mirchi, and Amchoor, which on chemical examination by the Public Analyst have been found to be adulterated for which prosecution is contemplated against the said Shri Bankatlal under the Prevention of Food Adulteration Act, 1954; And, further there is reasonable apprehension that the said Shri Bankatlal will continue to indulge in adulteration and sale of adulterated foodstuffs and thereby act prejudicial in the matter of maintenance of supplies essential to the community and frustrate the objective of supply of pure foodstuffs to the community at large and there is no other way to prevent him from acting in such prejudicial manner otherwise than by invoking the provisions of Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act.
(3.) AND, therefore, in exercise of the powers conferred upon me by Section 3 (2) of the Maintenance of Internal Security Act, I order the detention of Shri Bankatlal ... .." 4. The second order containing further particulars of the grounds of detention was served on the petitioner on 20/03/1974. It reads: "xxxx" 1. That on 11-3-1974 between 11.30 a.m. and 2 p.m. Dr. (Miss) Raj Kumari, District Chief Medical' and Health Officer Jodhpur together with ... went to Sumer Market where one Shri Hiranand son of Shri Lal Chand Sindhi, retailer gave credible information that you are owning a business firm named as 'Laxmi Narain Moondra a wholesale concern at 'Killikhana', Makrana Mohalla, Jodhpur and you are doing wholesale business of adulteration of essential commodities (foods stuffs) by adulterating cheap unhygienic and injurious materials like colours, saw-dust, gypsum, Gharu and sand with- chilli-seeds, Haldi, Dhania, Amchur, tea-leaves and dour and manufacture adulterated food stuffs for sale to the general public as pure varieties of such essential commodities. When the party raided your above shop and four godowns situated in the same premises and searched there between 11-3-1974 and 14-3-1974, the information given by Shri Hiranand was confirmed. You, together with your son were found present in your shop and on the search of your premises the checking party found under your ownership and control huge quantities of adulterated foodstuffs as well as the materials used bb you for the purpose of adulterating essential commodities. A perusal of the recovery memos of the articles seized show that you possessed the stock of following adulterated articles for manufacture, sale and storage of foodstuffs for sale under your control. (a) On 11-3-1974 in your main shop: (i) Eleven full bags and seven half-bags of adulterated chilli powder, weighing 80 Kg. to 20 Kg. each. (ii) One quintal bag of Haldi powder and two half bags of the same. (iii) Ten to twenty kg. bags of Amchur powder. (iv) One tin of Dhaniya mixed with refuse. (v) Two tins of Tumba oil. Samples of each of the above food stuffs were taken on 11-3-1974 by paying you the price of each sample in the presence of Motbirs and forms IV and V were given to you; sealing the articles in your presence and copy of the recovery memo, was also furnished to you. (b) On 11-3-1974 - Two rooms in the main shop containing above foodstuffs were sealed in you presence containing l. Sixty bags of chilly powder. 2. Ten bags of Haldi. 3. Five bags of Amchur. 4. Five bags of unhusked Amchur. (c) On 11-3-1974. The following material used by you for adulteration was recovered from your main shop. (1) One bag of gypsum (Khaddi). (2) Half bag of red colour used for mixing with chilli powder. (3) One package of I. C. I. colour containing green colour suspected to be used for colouring adulterated, Dhaniya. (4) One packet containing 'saffron colour' used for mixing with Haldi powder. (5) Red coloured plastic paper used for mixing purposes. (6) Weights and weighing machines. (d) On 12-3-1974 at 3.25 - From your godown Nos. 1 and 2 rented to you by Shri Ramesh Chandra Mathur of the same locality: 1. Sixty-two bags of chilly un-husked seeds, used for adulterating in chillies. (e) On 13-3-74 from above godown: 1. Thirty four bags of chill) seeds. 2 Ten tins of black used-tea-leaves-like material. 3. Ninety nine tins of white powder. 4. Two bags of suspected soap stone powder. (f) On 13-3-1974 and 14-3-1974. From the flour mill under your control in which food licence No. 1666 Book No. 10 dated 13-3-1973 in the name of your wife Srimati Ramadevi was also recovered: 1. Eleven bags of husked seeds of chillies. 2. Two tins suspected to contain 'Donkey dung'. 3. Eleven tins of suspected material with sawdust. 4. One tin of yellow sawdust 5. One tin of suspected mango seed powder. Two tins of waste material of Dhaniya. 2. That the samples of foodstuffs sold by you to the Food Inspector on 11-3-1974 were examined by the Public analyst and found on examination highly adulterated containing: 1. Chilli powder total ash 8.12 Per Cent and ash insoluble in H. C. C. 1.99 Per Cent contains silicious matter sand etc. 2. Haldi which contains 46.24 Per Cent heavily infested with insects in such material. 3. Amchur which contains 20 Per Cent extraneous matter. This further confirms your dealing in adulterated foodstuffs and its supply to the community. 3. That it was found from the statements of Hira Nand and your landlord Ramesh Chandra Mathur whose premises are rented by you for hoarding and manufacturing above foodstuffs that you are engaged in such business for a long time now and you put such adulterated commodities for sale to the innocent customers as pure foodstuffs. 4. That in order to escape the consequences of your actions, you deliberately failed to produce your firm's Registration certificate issued under the 'Shops and Commercial Establishment Act'. 5. That you deliberately refused to open the flour mill established under your control in the name of your wife Srimati Ramadevi and prevented the Health Officer from taking the search of the above mill in your presence. However, by invoking the provisions of Section 10 of the Prevention of Food Adulteration Act, 1954, the mill was unlocked in the presence of motbirs and huge adulterated foodstuffs and material used for adulterating foodstuffs were recovered. 6. That in your main shop, you fraudulently and deliberately exhibited writings on cardboard styled 'foodstuffs not for human consumption' to avoid the checking. However, the recovery of the adulterated articles on the contrary prove that none of these articles are used other than as foodstuffs. ;